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United States of America v. Osvaldo Conde

February 26, 2013

UNITED STATES OF AMERICA
v.
OSVALDO CONDE
DEFENDANT



The opinion of the court was delivered by: District Judge Manuel L. Real

S.Sec.#-------4828

Residence: N/A

Mailing: SAME

JUDGMENT AND PROBATION/COMMITMENT ORDER

In the presence of the attorney for the government, the defendant appeared in person, on: FEBRUARY 25, 2013

Month / Day / Year

COUNSEL:

____ WITHOUT COUNSEL

However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.

XX WITH COUNSEL Manuel Medrano and George Bird, Jr., retained _X_PLEA:

XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY FINDING:

There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of: Attempted interference with commerce by extortion under color of official right in violation of Title 18 U.S.C. 1951(a) as charged in count one (1) of the information; Bribery concerning programs receiving federal funds in violation of Title 18 U.S.C. 666(a)(1)(B) as charged in count two (2) of the information.

JUDGMENT AND PROBATION/COMMITMENT ORDER:

The Court asked whether defendant had anything to say why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the court the defendant is hereby committed to the Bureau of Prisons to be imprisoned for a term of:

Thirty-six (36) months. This term consists of thirty-six (36) months on each of counts one and two of the information, to be served concurrently.

IT IS FURTHER ADJUDGED that upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02 AND General Order 01-05, including the three special conditions delineated in General Order 01-05; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer;3) shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 4) shall, during the period of community supervision, pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 5) shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer; 6) shall pay, as directed by the Probation Officer, all or part of the costs of treating the defendant's psychological/psychiatric disorders to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. §3672. The defendant shall provide payment and proof of payment, as directed by the Probation Officer; 7) shall truthfully and timely file and pay taxes owed for the years of conviction, and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order; 8) shall not be employed in any position by any local, state or federal government without prior approval of the Probation Officer; 9) the defendant's employment shall be approved by the Probation Officer, and any change in employment must be pre-approved by the Probation Officer; the defendant shall submit the name and address of the proposed employer to the Probation Officer at least 10 days prior to any scheduled change; and 10) shall cooperate in the collection of a DNA sample from the defendant.

IT IS FURTHER ORDERED that defendant pay a special assessment of $200.00, which is due immediately.

IT IS FURTHER ORDERED that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on March 25, 2013. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at the Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012.

IT IS FURTHER ORDERED that defendant pay $17,000.00 pursuant to

18 U.S.C. §3663A. It is ordered that the defendant shall pay restitution to the victim as set forth in a separate victim list prepared by the probation office reflecting the Court's determination of the amount of restitution due to the victim. The victim list, which shall be forwarded to the fiscal section of the Clerk's Office by the probation officer, shall remain confidential to protect the privacy interests of the victims. Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least 10% of defendant's gross month income, but not less than $100, whichever is greater, during the period of supervised release. The payments shall begin 30 days after the commencement of supervision. The defendant shall be held jointly and severally liable with co-participants, Angel Perales and David Silva for the amount of restitution ordered in this Judgment. The victim's recovery is limited to the amount of its loss and the defendants's liability for restitution ceases if and when the victims receive full restitution. Interest on the restitution is ordered waived.

IT IS FURTHER ORDERED that the defendant comply with General Order No. 01-05.

IT IS FURTHER ORDERED that all fines are waived.

IT IS FURTHER ORDERED that the bond of the defendant is exonerated upon defendant's surrender.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of this judgment be imposed. the Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

Signed by:

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. ...


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